[2019] KEELRC 2050 (KLR)
The court found that the computation submitted by the claimants correctly reflected the judgment orders regarding compensation equivalent to twelve months salary and unpaid arrear salary during the period of suspension, as well as interest at court rates from the date of filing suit. However, the inclusion of leave...
Source-derived case information.
- Citation
- [2019] KEELRC 2050 (KLR)
- Parties
- Applicant: Jared Omondi Ober; Applicant: John Oluoch Orinda; Respondent: County Government of Homa-Bay
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 39 of 2019
- Procedural Posture
- Employment Cause / Post Judgment Computation and Confirmation of Award
- Outcome
- Award confirmed with adjustment; leave allowance arrears excluded.
- Judges
- MN Nduma
- Legal Topics
- Unlawful Termination, Salary Arrears, Compensation Award, Leave Allowance, Interest on Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jared Omondi Ober
Applicant
John Oluoch Orinda
Applicant
County Government of Homa-Bay
Respondent
Procedural Posture
Employment Cause / Post Judgment Computation and Confirmation of Award
Legal Issues
- 1 Whether the computation of the award by the claimants correctly reflects the judgment orders of the court.
- 2 Whether leave allowance arrears for specified periods were properly included in the computation.
Ratio Decidendi
The court found that the computation submitted by the claimants correctly reflected the judgment orders regarding compensation equivalent to twelve months salary and unpaid arrear salary during the period of suspension, as well as interest at court rates from the date of filing suit. However, the inclusion of leave allowance arrears for the periods 1997, 2008, 2009, 2010 to 2018 was not supported by the judgment and was therefore excluded from the final award. The respondent's failure to file a counter computation or objection meant the court relied solely on the claimants' computation, subject to the necessary correction. The final sums awarded were adjusted accordingly to exclude the...
Court Disposition
Award confirmed with adjustment; leave allowance arrears excluded.
Orders
- The computation of the award is confirmed subject to exclusion of leave allowance arrears for the specified periods.
- The respondent shall pay the 1st claimant Kshs. 8,401,754 and the 2nd claimant Kshs. 6,231,658 as part of the judgment delivered on 4th October 2018.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 39 of 2013
(Before Hon. Justice Mathews N. Nduma)
1. JARED OMONDI OBER...........................................................1ST CLAIMANT
2. JOHN OLUOCH ORINDA.......................................................2ND CLAIMANT
VERSUS
COUNTY GOVERNMENT OF HOMA-BAY.................................RESPONDENT
AMENDED RULING
1. In terms of the judgment of the court delivered on 4th October 2018, parties were to compute the award and file the same for confirmation within 30 days of judgment. The claimant field computation dated 23rd November 2018.
2. The court has examined the computation and is satisfied that it correctly reflects Order 19(ii) regarding compensation equivalent to twelve months salary in respect of the claimant; order (iii) concerning unpaid arrear salary during the period of suspension and (iv) interest at court rates from date of filing suit. However, an item on leave allowance arrears for the period 1997, 2008, 2009, 2010 to 2018 in the sum of Kshs. 392,670. 70 for the 1st claimant and Kshs. 358,689. 60 for the 2nd claimant is wrongly included in the computation.
3. Accordingly, the Court awards in terms of the computation Kshs. 8,794,424. 70 less Kshs 392,670. 70 to the 1st claimant and Kshs. 6,590. 341. 40 less Kshs. 358,689. 60 for the 2nd claimant as against the respondent in the sum of Kshs. 8,401,754 and Kshs. 6,231,658 forms part of the judgment delivered on 4th October 2018.
4. The respondent did not file any Counter computation in terms of the judgment.
Ruling Dated, Signed and delivered this 13th day of March, 2019
Mathews N. Nduma
Judge
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 39 OF 2013
(Before Hon. Justice Mathews N. Nduma)
1. JARED OMONDI OBER…………………………………...1ST CLAIMANT
2. JOHN OLUOCH ORINDA…………………………….…..2ND CLAIMANT
VERSUS
COUNTY GOVERNMENT OF HOMA-BAY…..….................RESPONDENT
RULING
1. In terms of the judgment of the court delivered on 4th October 2018, parties were to compute the award and file the same for confirmation within 30 days of judgment. The claimant field computation dated 23rd November 2018.
2. The court has examined the computation and is satisfied that it correctly reflects Order 19(ii) regarding compensation equivalent to twelve months salary in respect of the claimant; order (iii) concerning unpaid arrear salary during the period of suspension and (iv) interest at court rates from date of filing suit. However, an item on leave allowance arrears for the period 1997, 2008, 2009, 2010 to 2018 in the sum of Kshs. 392,670. 70 is wrongly included in the computation.
3. Accordingly, the Court awards in terms of the computation Kshs. 8,794,424. 70 less Kshs 392,670. 70 to the claimants as against the respondent in the sum of Kshs. 8,401,754 and forms part of the judgment delivered on 4th October 2018.
4. The respondent did not file any Counter computation in terms of the judgment.
Ruling Dated, Signed and delivered this 13th day of March, 2019
Mathews N. Nduma
Judge